Representing Victims of Age Discrimination

With the prevalence of restructuring and downsizing in today’s business world, companies are getting more creative finding ways to oust older workers. At Sterling Employment Law, our age discrimination lawyers in Detroit know that age discrimination can be subtle. We also know how to dig for evidence and prove that age discrimination took place.

Speak with our experienced employment discrimination attorneys for confidential and experienced legal counsel. Don’t sign a severance agreement without the advice of a skilled attorney. Call our national law firm, located in the Detroit metropolitan area, at 248-633-8916.

Age Discrimination in Layoffs: Comparing Apples to Apples

An employer might be guilty of unequally targeting older (or younger) workers when downsizing. A company is required to identify the titles and ages of every employee selected, as well as the ages and titles of the remaining employees in their group(s). Some companies are guilty of inaccurately listing these comparison groups, as they must provide the information for the relevant department. Essentially, employers must compare apples to apples.

ERISA Interference Claims

At Sterling Employment Law, we can also represent you if you were let go just prior to becoming vested in a retirement plan or a pension plan. If you were terminated to prevent you from obtaining all your hard-earned retirement benefits, contact us. We have significant experience with Employee Retirement Income Security Act (ERISA) interference claims.

The Legal Process For Age Discrimination Claims In The State Of Michigan

Workers in the state of Michigan deserve fair treatment regardless of their age. Unfortunately, discrimination still occurs, often in the form of wrongful termination, denial of promotion or refusal to provide reasonable accommodations. When this happens, employees should consider filing a claim.

The process includes the following:

Initial Consultation With An Employment Discrimination Lawyer

The process begins with an initial consultation. This is the stage where an employee meets with an employment lawyer to share the facts, documents and timeline of what happened. The consultation allows the lawyer to:

• Review termination letters, performance evaluations and internal complaints.
• Decide whether the conduct fits within federal or state age discrimination protections.
• Explain how the Age Discrimination in Employment Act (ADEA) works alongside Michigan’s Elliott-Larsen Civil Rights Act.
• Discuss potential legal strategies for moving forward.

This step helps ensure the worker understands the strengths and challenges of their case. It also gives the attorney the opportunity to provide feedback on what evidence is most helpful and how deadlines may apply.

Filing A Complaint With The EEOC

Once a viable claim is identified, the next step is filing with the Equal Employment Opportunity Commission (EEOC). A complaint to the EEOC is required before an employee can bring a federal lawsuit. With the help of an employment discrimination lawyer, the employee prepares a charge outlining the employer’s actions, the dates they occurred and why they are discriminatory.

The EEOC then investigates. This can include:

• Requesting documents
• Interviewing witnesses
• Reviewing company policies

Having an attorney guide the complaint can ensure the information is complete and aligned with federal law as well as the laws of the state of Michigan. Missing details at this stage can weaken a case, making legal help vital.

The Role Of The Michigan Department Of Civil Rights

In Michigan, employees also have the option of filing with the Michigan Department of Civil Rights (MDCR). The MDCR enforces the Elliott-Larsen Civil Rights Act, which prohibits age discrimination.

Thanks to a work-sharing agreement, complaints can often be filed with either the EEOC or MDCR and the agencies coordinate their efforts. The MDCR provides several advantages:

• It applies state law protections that may be broader than federal law.
• Its investigators are familiar with Michigan-specific employment issues.
• It offers conciliation services to encourage early resolution.

Our attorneys can help decide whether to file with the EEOC, the MDCR or both. Choosing the right path depends on the details of the claim, the remedies sought and the timing.

Mediation And Settlement Negotiations

Many cases resolve before ever reaching trial. Mediation is one way to settle. It involves a neutral third party who works with both sides to find common ground. During mediation, an employee’s lawyer can push for fair terms such as:

• Compensation for lost wages, benefits and emotional harm.
• Policy changes at the company to help prevent future discrimination.
• Agreements for reinstatement or promotion.

Settlement negotiations can also occur directly between the parties without mediation. In either case, our attorneys make sure that the agreements are enforceable and that the employee does not unknowingly waive important rights. These negotiations can provide faster relief while still protecting the worker’s civil rights.

Litigation: What To Expect In Court

If settlement is not possible, litigation may follow. This stage is the longest and most formal part of the legal process. A lawsuit is filed in court, and the case proceeds through discovery, motions and potentially trial. Employees should be prepared for:

• Discovery, where both parties exchange documents and take depositions.
• Motions that may attempt to dismiss or narrow the case.
• A trial where evidence and testimony are presented before a judge or jury.

Litigation can be stressful and time-consuming, but it is sometimes the only way to hold employers accountable. In serious cases of wrongful termination or repeated discriminatory treatment, court proceedings can provide the opportunity for significant compensation and lasting change in the workplace.

Statutes Of Limitations In Michigan Age Discrimination Cases

Timing is critical in these claims. Under federal law, employees generally have 180 days to file a charge with the EEOC. In states like Michigan, where a state civil rights agency exists, this period can extend to 300 days. Under the Elliott-Larsen Civil Rights Act, individuals usually have three years to file a lawsuit in state court.

However, there are potentially shorter deadlines if arbitration agreements apply in the workplace. Missing these time limits can permanently bar a claim, regardless of how strong the evidence is. Therefore, it is important to work with an attorney. Without professional guidance, employees risk losing their ability to seek compensation or enforce their civil rights.

Our experienced employment lawyers help ensure the case is handled correctly from the start. We not only explain the legal process but also fight for fair outcomes, whether through reasonable accommodations, settlements or courtroom litigation.

Frequently Asked Questions About Age Discrimination

Employees are protected from workplace discrimination that is based on certain protected characteristics – and this age. Age discrimination is a serious issue that can harm the livelihood of hard-working employees. Our lawyers can help victims seek justice. You can learn more about age discrimination below:

What is the Age Discrimination in Employment Act (ADEA)?

Older employees may face certain biases at work because of beliefs that people of a certain age are unable to learn new skills, work as efficiently as younger workers or understand and use modern technology.

The Age Discrimination in Employment Act protects employees who are 40 years of age or older from facing unjust discrimination in hiring, promotions, discharge or other adverse employment decisions because of their age.

However, under the Elliott-Larsen Civil Rights Act (ELCRA), anyone of any age in Michigan is protected from age discrimination. What this means is that younger workers cannot face discrimination because there is a perception that these employees are less reliable, less motivated or less loyal than older workers.

What are examples of age discrimination?

Age discrimination can make it difficult for people to find and retain work. There are many examples of age discrimination. Some common cases of age discrimination include:

• Replacing older workers with younger workers
• Turning down promotions or raises to employees based on age
• Refusing to provide more training for older employees
• Forcing an older employee into retirement
• Hiring less-qualified workers because of their age difference

Employees should understand their legal rights if they believe they are victims of age discrimination. Our lawyers can help clients explore their legal options.

How do I prove age discrimination?

There are a few ways to prove that an employee was discriminated against because of their age. Substantial evidence can support a successful legal claim. We can help our clients gather evidence, including:

• Showing that an employee was replaced with a younger worker
• Showing that a policy impacted older workers
• Showing that an employee was denied training that was provided to younger employees

Evidence can be collected through emails, calls, texts or video recordings. Testimonies from other employees can also support a case.

What are the legal remedies for age discrimination?

It depends upon the goals of the person affected. In some cases, they may want to be restored to their former position. Others may seek financial damages for the losses they’ve suffered.

Contact Our Firm

In matters of employment discrimination, time is of the essence. Contact a qualified and knowledgeable Michigan attorney as soon as possible if you have been unfairly terminated or believe you are being targeted. Call us at 248-633-8916 or contact us online.